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I am a step mother to a few kids who came to live with us 2

 
Sydney-Lawyer's Avatar
  • Answered by:Sydney-Lawyer
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Customer Question

I am a step mother to a few kids who came to live with us 2 years ago. My husband and I go to court once a month because the birth mother wants the children to come back and live with her. The birth mother has been arrested 4 times in the last year for stealing drugs from various places and has a documented IV drug issue. The court case continues to be drawn out because the birth mother does not show up for appointments made by the courts. The appointments get rebooked. The matter is stressful, but also very expensive and the expense is now having an affect not only on my husband and me but the kids. My question is will the court continue to allow this to be dragged out? Is there a point where it might be said that the birth mother is dragging it out? Is there consideration for my husband who does what is necessary. An added note, we always promote the children to be with their mom, even if we have to drive them 2 hours away both ways.

 

Optional Information:
Province: QLD

Already Tried:
1. Tried negotiation with birth mom through phone, mail, e-mail and through lawyers on multiple occassions. My husband hired a negotiator. Birth mother told negotiator to "piss off". Birth mother has negotiated some just prior to going in the courtroom, however mostly she agrees to what would most likely be imposed legally.

Submitted: 1114 days and 2 hours ago.
Category: Australia Law
Value: AU$46
Status: CLOSED
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Expert:  Sydney-Lawyer replied1114 days and 2 hours ago.

HI


Can you tell me what court the matter is in?

Who filed the application and what type of application is it?

Customer replied1114 days and 2 hours ago.

The matter is in the Family Court.
The original mention was for interim full custody by my husband which was granted. Birth mother, at that time, told the judge she was unable to care for the children. She had been arrested once at that point.
From there an application was filled for custody by my husband.
Birth mother's lawyer has recently disconnected their working relationship as birth mother was not in communication with the lawyer since Feb.

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Expert:  Sydney-Lawyer replied1114 days and 2 hours ago.

HI


If she is failing to appear why is your Solicitor continuing to allow the adjournments and costing you money.

He should make an application on the next occasion and seek that the mothers application be struck out on the basis she has failed to prosecute the matter. He should also seek a costs order against her for her lack of prosecuting the matter.

I hope this is of assistance

Customer replied1114 days and 2 hours ago.

Sorry, I was not clear.
Application was made by my husband for final orders of custody.

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Expert:  Sydney-Lawyer replied1114 days and 1 hours ago.

Hi


then your Solicitor should be seeking that the orders be made because of her failure to defend them and also seek an order for costs for her failure which has resulted in you spending money unnecessarily.

The Court has the power to make the orders in her absence.

I hope this is of assistance

 
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